Ohio man charged for open carry

Ohio man charged for open carry

This is a discussion on Ohio man charged for open carry within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I hope this is the right place :) Many gun owners fear that Ohio's open carry requirements in a car are going to get someone ...

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  1. #1
    Member Array PgSqlQuery's Avatar
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    Ohio man charged for open carry

    I hope this is the right place :)

    Many gun owners fear that Ohio's open carry requirements in a car are going to get someone killed one day. Just last week, another incident played out that demonstrates just how dangerous the mindset of "man with a gun equals criminal" could be for law abiding gun owners.

    Recently, a concealed handgun license holder was pulled over in Oregon, Ohio (near Toledo) after leaving a gas station. He was ordered out of his vehicle by police conducting a "felony traffic stop", eventually had to crawl out of his window (his doors were locked and he was ordered to keep his hands in sight, rendering it impossible to unlock them), and was ordered to the ground while being held at gunpoint. His crime? Carrying a gun lawfully.
    Read the rest here

    Isn't that just disgusting?!
    Where's the best place to apply for your Ohio CHL?
    Find out at http://ccwhen.com! (Now with Chat!)

    Единственная реальная власть приходит из длинней винтовки.


  2. #2
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    Hopefully Ohio will eventually correct their carry laws now that they have seen that granting RKBA & Concealed Carry did not cause blood to run like rivers in the streets...like the Ohio newspapers had "predicted" ~ Unreal.
    Liberty Over Tyranny Μολὼν λαβέ

  3. #3
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    Hopefully the NRA will help out too. Seems the PD needs to be informed of and reeducated on CCW.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


    Nemo Me Impune Lacesset

  4. #4
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    Legislative reform was never more needed - and from what I gather, the interpretation of the CCW law is open to judgement on the day - on an individual basis!!

    Never was anything more bizarre or absurd, than the open view deal in vehicle!
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


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  5. #5
    Member Array PgSqlQuery's Avatar
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    Heh, my favorite part, is that the city, if you read the city code he was charged under, you come to realise, that possession of a firearm, licensed or not, is illegal in that city except for in your home, or on the range mostly... (Apparently, they don't care WHAT the state laws, state constitution, or Federal Constitution say...

    (a) No person, in and about the streets, alleys, public places of the City, or at any
    place other than the residence or fixed place of buisiness of such person, or while on a
    suitable firing range or while being used for lawful hunting, or while unloaded at a public
    firearms display, show or exhibition shall be in posession of, carry, or have on or about
    his person, any pistol, revolver, rigle, shorgun or any weapon by whatever name known,
    which is designed to expel a projectile or projectiles by the action of expanding gasses, or
    any bowie knife, dirk, blackjack, bullyclub, brass knuckles, or any other weapon capable of
    inflicting bodily harm. (Ord. 3-1974. Passed 1-14-74.)

    (b) Whoever violates this section id guilty of a misdemeanor of the first degree.
    Last edited by PgSqlQuery; June 8th, 2006 at 12:45 AM.
    Where's the best place to apply for your Ohio CHL?
    Find out at http://ccwhen.com! (Now with Chat!)

    Единственная реальная власть приходит из длинней винтовки.

  6. #6
    VIP Member Array Tubby45's Avatar
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    The person who is facing the charges is a user on GT. He posted his story there. It seems there is more to the story than we are hearing.
    07/02 FFL/SOT since 2006

  7. #7
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    I thought that State law always trumped local law & that Fed law trumped State law. I'm confused as to how that local law could be enforced.
    Liberty Over Tyranny Μολὼν λαβέ

  8. #8
    VIP Member Array Tubby45's Avatar
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    Might be a pre-emption issue where the local law was passed before the state pre-emption law was passed and maybe the local law was grandfathered. WI has their pre-emption like that. Laws after a certain date can't be more restrictive than state law, but local laws passed before the pre-emption still hold the weight of law.
    07/02 FFL/SOT since 2006

  9. #9
    Member Array PgSqlQuery's Avatar
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    Dunno what GT is, but, the police reports I've seen related to this, and court documents so far, seem to suggest, the story's pretty accurate...
    Where's the best place to apply for your Ohio CHL?
    Find out at http://ccwhen.com! (Now with Chat!)

    Единственная реальная власть приходит из длинней винтовки.

  10. #10
    Senior Member Array dpesec's Avatar
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    This is pure harassment. The Supreme Court of Ohio has already said that open carry is legal and a person can not be charged with a crime for obeying the law.
    Dave

    “The highest obligation and privilege of citizenship is that of bearing arms”. General George Patton—US Army

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  11. #11
    Senior Member Array TonyW's Avatar
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    We were trying to get some much needed improvements to the carry laws through the legislature before summer break, but of course it didn't happen. Hopefully when they come back in the fall HB 347(?) will actually make it through the legislature and get to the governors desk. Of course, he has threatened to veto it, but that's another story and another battle.

    I'm no lawyer, but it's my understanding that the "plain sight" rule has never been actually defined in any legal way. Therefore it is up to whatever officer you are dealing with. Most cops are pretty cool of course, but you get those jerks sometimes. (Cops are people after all.) Part of the law working its way through the system is to get rid of the plain sight part of the law, it causes you to handle your pistol too much. Also, part of it was state law preemption so you don't have to keep track of every city/jurisdiction law as you travel around. Right now cities can impose further restrictions - such as magazine size and/or number of rounds in the mag.

    I also believe that Toledo is very un-gun friendly. GT is probably Glock Talk forum.
    <a target="_top" href="http://www.cybernations.net/default.asp?Referrer=TonyW"><img src="http://i227.photobucket.com/albums/dd188/18932471/imgad2-1.png" border="0"></a>

  12. #12
    Member Array PgSqlQuery's Avatar
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    Yeah, GT is glocktalk, dan told me he just got a Glock 23, so, I imagine he's been posting there...

    In good news, the sheriff's dept decided they had to give Dan his CHL back... http://ohioccw.org/index.php?option=...3616&Itemid=83

    Of course, they had to be prodded by his atty to do it....

    But hey, they're still doing the right thing... even if they had to be called out on it before they did....
    Where's the best place to apply for your Ohio CHL?
    Find out at http://ccwhen.com! (Now with Chat!)

    Единственная реальная власть приходит из длинней винтовки.

  13. #13
    tec
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    Quote Originally Posted by TonyW

    I also believe that Toledo is very un-gun friendly. GT is probably Glock Talk forum.
    City of Toledo is very un-friendly. You need a special permit from the city if you reside in the city.

  14. #14
    VIP Member Array Tubby45's Avatar
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    Yeah, sorry. GT is Glocktalk.com. It was the first gun forum I joined and hang out there quite often. I am here, on GT, and 1911forum.
    07/02 FFL/SOT since 2006

  15. #15
    Member Array SteveTwo's Avatar
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    Holy crap, is all of Ohio this bad?

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